2021 (3) TMI 734 - HC - Central Excise

Maintainability of appeal - monetary amount involved in the appeal - CENVAT Credit - input services - freight for outward transportation from the place of removal - HELD THAT - Appeal is dismissed on the ground of low tax effect and the substantial questions of law raised are left open.

Summary

Issues:
1. Eligibility of appellant to avail Cenvat Credit for service tax paid on freight for outward transportation.
2. Determination of whether services availed for outward transportation of goods qualify as an Input service under Cenvat Credit Rules, 2004.
3. Justification of the Tribunal's final order amidst contradictory judgments and pending Special Leave Petition before the Supreme Court.
4. Correctness of the decision by CESTAT, Chennai in rejecting the appeal of the department while the issue is pending before the Supreme Court.
5. Appropriateness of CESTAT, Chennai's rejection of the appeal based on judgments of various High Courts challenged before the Supreme Court.

Analysis:

1. The appellant questioned the Tribunal's decision on the eligibility of availing Cenvat Credit for service tax on outward transportation. The Tribunal's ruling was challenged based on the interpretation of relevant laws and regulations governing such credits.

2. Another substantial issue raised was whether the services utilized for outward transportation could be classified as Input services under the Cenvat Credit Rules, 2004. This question delved into the specific provisions and definitions within the rules to determine the applicability of the credit.

3. The Tribunal's decision was further scrutinized due to the existence of contradictory judgments from different High Courts and a pending Special Leave Petition before the Supreme Court. The appellant highlighted this discrepancy to question the validity of the Tribunal's final order.

4. The correctness of CESTAT, Chennai's rejection of the department's appeal was also brought into question, especially considering the pending nature of the issue before the Supreme Court. The decision-making process of the Tribunal was under scrutiny based on legal principles and procedural fairness.

5. Lastly, the appropriateness of CESTAT, Chennai's reliance on judgments from various High Courts challenged before the Supreme Court was debated. The appellant sought clarity on the legal basis for such reliance and its impact on the overall decision-making process within the tribunal system.